[IDEM libro tertio responsorum. ] §34.1.20.pr'Stichus nutricis meae nepos liber esto: cui decem aureos annuos dari uolo'. quis deinde interpositis nominibus eidem Sticho contubernalem eius et liberos legauit hisque, quae uiuus praestabat: deinde alio capite libertis omnibus quae uiuus praestabat dari iussit.
[BY THE SAME AUTHOR, in the third book of Opinions.] 'Let Stichus, the grandson of my nurse, be free; and I wish ten gold coins to be given to him annually.' A testator, having then inserted other names, bequeathed to the same Stichus his female companion and children, and to them, what he used to perform while alive; then, in another chapter, he ordered that to all freedmen what he used to perform while alive should be given.
quaero, an Stichus praeter suum legatum et alimenta percipere possit.
I ask whether Stichus can receive the maintenance also, in addition to his own bequest.
respondit secundum ea quae proponerentur non posse.
He answered that according to the facts proposed, he cannot.
§34.1.20.1Item cum alimenta libertis utriusque sexus reliquerit a re publica et ex praediis, quae ei legauit, dari uoluisset, quaero, Stichi contubernali et liberis utrum ab herede instituto an a re publica diaria et uestiaria, quae uiuus dabat, praestari deberent.
Likewise, when a testatrix had left maintenance to freedmen and freedwomen and wished it to be given by the municipality and out of the estates which she had bequeathed to it, I ask whether the daily allowances and clothing which she used to give while alive should be performed to Stichus's female companion and children by the appointed heir or by the municipality.
respondit posse benigna uoluntatis interpretatione dici his quoque a re publica praestanda.
He answered that by a benign interpretation of the will, it could be said that these should be performed to them also by the municipality.
§34.1.20.2Titia usum fructum fundi legauit Maeuio eiusque fidei commisit, ut ex reditu fundi praestaret Pamphilae et Sticho annuos centenos nummos quoad uiuent: quaero, an mortuo Maeuio heres alimenta debeat.
Titia bequeathed the usufruct of a tract of land to Maevius, and committed to his trust that he should perform from the income of the land one hundred sesterces annually to Pamphila and Stichus as long as they live. I ask whether, upon the death of Maevius, the heir owes the maintenance.
respondit nihil proponi, cur debeant praestari ab herede Titiae: sed nec ab herede legatarii, nisi id testator manifeste probetur uoluisse etiam finito usu fructu praestari, si modo id, quod ex usu fructu receptum esset, ei rei praestandae sufficeret.
He answered that nothing was proposed why it should be performed by the heir of Titia; but neither by the heir of the legatee, unless it is clearly proved that the testator wished it to be performed even after the usufruct had ended, provided only that what was received from the usufruct was sufficient for performing that thing.
§34.1.20.3Mater filio herede instituto per fideicommissum libertatem Pamphilo seruo dedit: eidem cibariorum nomine legauit quinos aureos et uestiarii in singulos annos quinquagenos, si cum filio eius moretur: quaero, filio defuncto an alimenta debentur.
A mother, having appointed her son as heir, gave freedom to the slave Pamphilus by a trust-bequest; she bequeathed to the same person, under the condition that he should stay with her son, five gold coins annually for food, and fifty for clothing. I ask whether, upon the death of the son, the maintenance is owed.
respondit, si condicioni paruisset, deberi et post mortem.
He answered that if he had complied with the condition, it is owed even after the death.